> Bennetts Free Bike Classifieds Terms & Conditions
> Bike Social Terms & Conditions
Bennetts Bike Insurance:
Bennetts Biking Services Limited
About these terms and conditions
Bennetts Bike Insurance is a trading name of Bennetts Biking Services Limited (we/us/our) and is an insurance intermediary. These terms and conditions set out how we, Bennetts, will deal with you as a customer.
You will enter into two separate contracts when you take out an insurance policy through us. The first contract is with us and sets out the terms and conditions under which we will arrange and administer your insurance policy on your behalf and any fee(s) that we shall charge you for providing our insurance intermediary services. This information is provided in the ‘About our insurance services’ document. Use this information to decide if our services are right for you.
You will also enter into a separate contract with the insurer for providing your insurance. Details of the premium charged and the terms and conditions relevant to the insurance policy are set out in your policy document. When you purchase additional products or pay for your policy by instalments using a fixed sum loan agreement, you will enter further contracts with each insurer or supplier for these services
The premium and, where appropriate, renewal arrangement fee will form the total price of insurance. The specific amounts paid can be found in your quote and payment schedule of your insurance policy documents.
- 1. Whose products do we offer?
- We offer products from a range of insurers for bike insurance
- We only offer products from a single insurer for:
- Legal Expenses Cover, underwritten by AmTrust Europe Ltd and administered by ACM ULR Limited.
- Personal Accident Cover, underwritten by Groupama Insurance Company Limited
- Helmet and Leathers Cover underwritten by Equity Red Star
- RAC Breakdown and RAC Breakdown Plus, provided by RAC Motoring Services (RACMS)
- RAC Breakdown EU, provided by RAC Motoring Services (RACMS) and RAC Insurance Services Limited (RACIL)
- 2. Which service will we provide you with?
We will not provide you with advice or recommendation on whether the insurance policy is suitable for your needs. We will ask some questions to narrow down the selection of products that we provided details on. You will then need to make your own choice about how to proceed.
Our insurance intermediary services we will provide to you include:
- Arranging your bike insurance by selecting a range of best prices from our panel of insurers that we can offer, arranging your cover with the chosen insurer based on your requirements, dealing with your payment and providing you with the details and documentation relating to your policy.
- Dealing with your requests for adjustments you have to make to your policy, such as changes to the cover required, the use and/or property insured. We will notify the insurer, deal with any amendments or adjustments of premium required and provide you with confirmation of any changes to your policy. We may arrange cover with an alternative insurer if the amendments to your policy are not acceptable to your original insurer.
- We will also arrange the cancellation of your policy at your request, notifying the insurer, dealing with any refunds of premium, confirming the changes to your policy and arranging for the return of documents.
- Dealing with your requests for any duplicate or replacement documentation relating to your policy and/or additional products.
- We will arrange optional additional add –on products where you consider these products meet your needs.
- We will also arrange the renewal of your insurance and additional products based on your requirements (see Renewals section).
Further detail can be found in our terms of business document.
- 3. What will you have to pay us for our services?
We will charge you the following fees for our insurance intermediary services.
If you cancel within 14 days we will charge you a fee of £30. If you cancel your policy at any time after the first 14 days we will charge you a fee of £50.
Policy Amendment Fee
All policy amendments are subject to an amendment fee of up to £32.00
Payment Handling Fee
We will charge you a handling fee of up to £5.00 for card payments.
Payment Default Fee
If we need to resubmit a request for payment to your bank you will have to pay us a £20.00 payment default fee.
Certificate Reprint Fee
If you lose your Certificate of Motor Insurance, or it is destroyed, and you want a duplicate you will have to pay us a £0.00 reprint fee.
Renewal Arrangement Fee
When you renew your policy, a non-refundable fee of up to £30.00 may apply.
Policy Document Delivery Fee
If you chose to have your Policy Documents delivered by post, we will charge you a fee of up to £2.00.
- 5. Who Regulates us?
Bennetts Biking Services Limited, Enbrook Park, Sandgate Folkestone, Kent, CT20 3SE is authorised and regulated by the Financial Conduct Authority (FCA). Our Financial Services number is 654402.
Our permitted business is selling, administering and renewals of general insurance contracts. You can check this on the FCA's Register by visiting the FCA's website www.fca.org.uk/register/ or by contacting the FCA on 0845 606 1234.
- 6. What to do if you have a complaint
We aim to provide a high level of service to all our customers but occasionally things can go wrong, when this happens we will do everything we can to put things right.
If you have a complaint about our service or the administration of your policy, please contact us in the first instance by phoning Customer Services on 0344 412 2171. We will aim to resolve your complaint over the phone within 24hrs.
If your complaint is not resolved to your satisfaction within 24 hours, we will send you a written acknowledgement of your complaint together with the next steps we will be taking to resolve it. If you prefer to put your complaint in writing please send it to the Customer Relations Manager, Bennetts, Fusion House, Bretton Way, Peterborough, PE3 8BG.
In the unlikely event that your complaint remains unresolved four weeks after being made, we will send you either our final response or a letter explaining why we are not yet in a position to resolve your complaint and advise you when we will be in contact again.
If after eight weeks of making your complaint we are still not in a position to issue you with our final response we will send you a letter explaining the reason for the delay and advise you of your right to complain to the Financial Ombudsman Service.
If following our final response your complaint has not been resolved to your satisfaction, you can refer it to the Financial Ombudsman Service at Exchange Tower, London, E14 9SR.
- 7. Are we covered by the Financial Services Compensation Scheme (FSCS)?
We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Insurance advising and arranging is covered for 90% of the claim, without any upper limit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim without any upper limit. Further information about compensation schemes arrangements is available from the FSCS.
- 8. Your Obligations
You should answer all questions to the best of your knowledge and belief. If you are not sure of any answers, then you should disclose any information you think might be important. If the answers are incorrect, you may have no insurance or additional premiums could be payable, which Bennetts Biking Services Limited reserves the right to collect.
Proof of No Claims Discount (NCD) may be required if you take out a policy to which a NCD has been applied. This proof should be a renewal notice, policy schedule or letter from your previous Insurance Company, which shows the main driver as the policyholder and the NCD earned. N.B. This NCD can only be used on one policy at any one time, and must have been used on a policy within the last 24 months.
- 9. Data Protection Notification
By supplying data to us you provide information about yourself and others which the Data Protection Act defines as personal data or sensitive personal data. The Data Controller will be Bennetts Biking Services Limited.
Data will be used by Bennetts Biking Services Limited and other carefully selected companies for administration, renewal, claims handling, credit checking, marketing and research purposes and will be added to certain databases which may be checked by various organisations including the Police.
By supplying data to us you give explicit consent for all data provided to be used in this way until you tell us otherwise. For mutual security calls are recorded and may be monitored for training purposes.
- 10. Voucher Codes
If you have a promotional voucher code, please enter it when purchasing your policy, codes cannot be applied retrospectively:-
- Voucher codes are only valid on the basic insurance premium and cannot be used on any additional products, fees, charges or any amendments during the life of the policy.
- Only one voucher code can be used per policy.
- Bennetts reserves the right to withdraw voucher codes at any time.
- Voucher codes are only valid on new policies purchased on www.bennetts.co.uk. Voucher codes are not valid on policies purchased via price comparison sites or on the telephone.
- Voucher codes cannot be used in conjunction with any other offer.
- The voucher has no cash value. In the event of policy being cancelled the amount due on cancellation will be calculated in accordance with the policy terms and conditions. The value of the voucher will not be included when calculating any sums due on cancellation or any refund payable.
- 11. Disclaimer
Bennetts Biking Services Limited does not accept any liability for errors or omissions relating to information contained within this site. We reserve the right to change the site at any time. To the extent allowed by law we disclaim liability for any loss resulting from the use of the site or any material contained within the site.
- 12. Copyright
Bennetts Biking Services Limited owns the copyright to all material contained within this web site. No part of the material may be copied or reproduced for commercial use without prior written consent from Bennetts Biking Services Limited.
This site is for personal use only. Commercial users must obtain prior authorisation from us in writing.
© 2000-2013 Bennetts Biking Services Limited. All rights reserved.
Please read these Terms carefully as they are a legally binding agreement and contain important information on Your legal rights and obligations.
1 Use of Bennetts Classifieds
1.1 We provide Classifieds free of charge. We may withdraw Classifieds without notice at any time.
2.1 To use Classifieds You must complete an online registration form (Your "Registration Data"). You may only register on behalf of Yourself or Your business.
2.2 All Registration Data must be valid, up-to-date, complete and accurate. If You do not provide all required Registration Data We may refuse to activate an account for You.
2.3 By submitting Your Registration Data You consent to Us taking any steps which We consider reasonably necessary to verify it.
2.4 We may terminate or block Your account or restrict Your access to Classifieds if We reasonably believe You have breached these Terms.
3 Submitting Advertisements
3.1 Once You have registered You may submit advertisements for listing on Classifieds (Ads). By submitting an Ad You agree it complies with this clause 3.
3.2 Ads must only advertise motorcycles for sale unless We give You Our express permission for other items to be advertised.
3.3 By submitting an Ad You represent, warrant and agree that:
3.3.1 You own the item described in the Ad or otherwise have the right to offer it for sale;
3.3.2 facts stated in Your Ad are accurate and opinions stated in your Ad are genuinely held;
3.3.3 Your Ad does not contain anything which is defamatory, obscene, offensive, hateful or inflammatory, threatening, abusive, invasive of another's privacy, likely to cause annoyance, inconvenience or needless anxiety, or likely to mislead or deceive any person;
3.3.4 Your Ad is not likely to harass, upset, embarrass, alarm or annoy any person;
3.3.5 Your Ad does not breach any legal duty owed to a third party;
3.3.6 Your Ad does not promote any illegal activity;
3.3.7 Your Ad does not impersonate any person, or misrepresent Your identity or affiliation with any person;
3.3.8 Your Ad does not give the impression that it emanates from or is endorsed by Us;
3.3.9 Your Ad does not advocate, promote or assist any unlawful act;
3.3.10 Your Ad does not duplicate in whole or part another Ad you have submitted;
3.3.11 Your Ad complies with all current legislation, regulations, codes and guidelines, in particular those relating to advertising; and
3.3.12 Your Ad otherwise complies with these Terms.
3.4 We do not screen or approve Ads prior to their listing.
3.5 You may include up to ten photographs in Your Ad provided they are submitted in the form specified in the listing process.
3.6 By submitting an Ad You agree that We may post it on Classifieds and it may be viewed by registered and unregistered users.
3.7 Once You have successfully completed the listing process Your Ad will normally appear on Classifieds instantly, but we do not guarantee this. It is Your responsibility to check the listed Ad contains all the details You submitted and is otherwise correct and complete.
3.8 It is your responsibility to delete Your Ad when an item is sold, or if you no longer wish to sell the item. Any Ads still showing on Classifieds for more than 90 days will automatically expire. You will need to reactivate the Ad if you still wish it to feature on Classifieds and can reactivate this within ‘My Classifieds’.
3.9 You must ensure any Ad you submit complies with these Terms. We may remove without notice any Ad which does not comply with these Terms and terminate or suspend the account of any person who has posted an Ad that breaches these Terms.
4 Responding to an Ad
4.1 In consideration of Us agreeing to allow You to search Classifieds for items for sale, You agree to comply with this clause 4.
4.2 You agree that You will only use, reproduce, copy or print an Ad for the purposes of You personally obtaining information in relation to purchasing a listed item. You may not use, reproduce, copy or print Ads or any part of them for any other purpose. You shall only use contact details of members published on Classifieds or otherwise obtained by You from a member to contact the member in connection with a genuine query relating to the purchase of an item offered for sale by the member.
4.3 We do not monitor or moderate Ads. You agree that the content contained in Ads is for information purposes only and does not constitute advice from Us which You can or should rely on, or Our endorsement of any item listed in an Ad. We have no knowledge of the accuracy or authenticity of any information in an Ad and You are solely responsible for satisfying Yourself as to accuracy and authenticity, the ownership or quality of any items offered, and their suitability for Your purpose, before making any agreement or arrangement with any member of Classifieds.
4.4 Any agreement or arrangement made as a result of an Ad is a private arrangement between the respective parties. We shall not be involved in any such agreement or arrangement and We are not party to any contract or agreement between You and another member or user of Classifieds.
4.5 You may contact members to respond to Ads by using contact details displayed. If no contact details are displayed You may contact the member by using the "Contact Seller" function. By using the "Contact Seller" function, You agree that Your name, email address and telephone number will be sent directly to the member and You agree to Your information being processed in this way. Any further correspondence must be directly between You and the other member and We will not pass on any other correspondence.
5 Abuse Notifications
5.1 If You believe that any Ad breaches these Terms, You may use the "Report this Trader" function. You will be asked to:
5.1.1 give the reason You believe the Ad breaches these Terms;
5.1.2 provide free of charge any assistance We reasonably require to investigate Your notification;
5.1.3 confirm You have a good faith belief that the Ad breaches these Terms and the information You have provided is true, accurate and complete in all respects; and
5.1.4 confirm Your name, address, telephone number and email address.
5.2 We are under no obligation to investigate or to take any action against any user of Classifieds and Our decision will be final in all matters.
5.3 You will reimburse Us for any costs, claims, expenses, losses or other liabilities We may incur as a result of You misrepresenting an Ad as breaching these Terms.
7 Intellectual Property
Intellectual Property Owned by You
7.1 You represent, warrant and agree that no materials submitted through Your account or otherwise posted, transmitted or shared by You through Classifieds will violate or infringe the rights of any third party (including, without limitation, copyright, trade mark, privacy, publicity or other personal or proprietary rights).
7.2 You may only submit material to Classifieds that You have created or which You have permission to post. You confirm that: (i) You own or are permitted to submit to Us the content of any Ad You submit; (ii) the posting of any content You submit on or through Classifieds does not violate any applicable laws; (iii) if content submitted by You contains information relating to another person, organisation or business, You have their consent to the submission; and (iv) You are responsible for determining the purposes for which information relating to other people contained in content submitted by You is used.
7.3 Title to and interest in content submitted by You in accordance with these Terms shall vest in You. You hereby agree to grant Us a non-exclusive, transferable, royalty free, worldwide, perpetual licence to use such content for the purposes of providing Classifieds in accordance with these Terms.
7.4 By submitting any Ad which includes the trade marks or other intellectual property of any third party, You confirm that if we publish, store, host or display the same (in whole or part) on or through Classifieds worldwide for the duration of the listing We will not be infringing the intellectual property rights of the relevant rights' holder.
7.5 You agree that content posted by You (including Your trade marks and intellectual property rights) will be made available to other users without compensation to You.
7.6 You are responsible for making back-up copies of Ads that You submit. We are not liable for any loss of or damage to Your Ads.
Intellectual Property Owned by Us
7.7 As between You and Us, all information and images contained on Classifieds, other than content uploaded by You, is the property of Us and is protected by copyright laws. All software used on Classifieds is the property of Us or Our software suppliers and is protected by copyright laws. We reserve all Our rights. We grant You a limited licence to access and use Classifieds in accordance with these Terms. You may print off one copy, and may download extracts, of any page from Classifieds for Your personal reference only.
7.8 Except for Your own content You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.9 Our status (and that of any identified contributors) as the authors of material on Classifieds must always be acknowledged.
7.10 If You print off, copy or download any part of Classifieds in breach of these Terms, Your right to use Classifieds will cease immediately and You must, at Our sole option, return or destroy any copies of the materials You have made.
8 Legal disclaimer and limitation of liability
8.1 In some circumstances it is not permitted for a company that provides goods or services to a consumer to disclaim or limit its liability to the consumer. These Terms include some provisions that disclaim or limit Our liability to all users, including consumers. While We have taken care in preparing Classifieds, because We do not charge You to use Classifieds we consider it is fair to disclaim and/or limit Our liability in this way. If you are not prepared to accept these disclaimers and limitations you should not use Classifieds.
8.2 You understand and agree that You use Classifieds at Your own discretion and risk.
8.3 We do not intend anything published on Classifieds to be advice on which You should rely. Further, We do not warrant that We will verify the accuracy or completeness of anything published on Classifieds by third parties (including members who submit Ads). Therefore We will not be liable to You as a result of any reliance You place on anything published on Classifieds or any inaccuracy or incompleteness of anything published on Classifieds by third parties (including members who submit Ads).
8.4 Reference to third party goods and services on Classifieds, Ads, and other advertisements on Classifieds are for information purposes only. Such references, Ads and advertisement are neither an endorsement nor a recommendation by Us. You should make your own enquiries and investigations before relying on or making any purchase after viewing any third party goods and services, Ads, or other advertisements on Classifieds. We will not be liable to You as a result of any action you take pursuant to viewing any third party goods and services, Ads, or other advertisements on Classifieds.
8.5 We give no warranty that Classifieds will be uninterrupted, secure or error free. We will not be liable if for any reason Classifieds is unavailable at any time or for any period. From time to time We may suspend or restrict access to Classifieds in order to carry out repairs, maintenance or to introduce new facilities.
8.6 We shall not be liable for any loss or damage arising out of or in connection with Your use of Classifieds including, without limitation, indirect, or consequential loss or damage, loss of anticipated revenues, loss of business opportunities, loss of goodwill, loss or corruption of data or damage to reputation resulting from (a) Your use or Your inability to use Classifieds or (b) any transmissions received through Classifieds or as a result of Your use of Classifieds or (c) any reliance placed on any information found or content posted on Classifieds or (d) unauthorised access to or alteration of Your transmissions or data.
9.1 You shall indemnify and keep indemnified Us from and against all costs, expenses (including, but not limited to, legal and other professional fees and expenses) losses, damages and other liabilities (of whatever nature, whether contractual, tortious or otherwise) suffered or incurred by Us and arising out of or in connection with any breach of this Agreement by You, including any claims, actions or demands made against Us by any third party as a result of any breach or alleged breach of this Agreement by You, save to the extent that any such costs, expenses, losses, damages or other liabilities were caused or contributed to by any negligence or breach of this Agreement by Us.
10 Ads placed in the course of trade or business
This clause does not apply to You if You are a consumer. You are a consumer if You are using Classifieds in a personal capacity and not in the course of Your trade or business.
10.1 The Business Advertisement Disclosure Order 1977 requires advertisements by people who seek to sell goods in the course of business to make this clear (whether advertising on its own behalf or on behalf of another). It should be clear to viewers of advertisements whether they relate to sales by trade or private sellers. If you are a business seller or acting in the course of trade You must comply with the Order.
10.2 If you are using Classified in the course of trade or business You may not seek to apply Your own terms and conditions to Your use of Classifieds and any such attempted application of your own terms and conditions shall be void.
10.3 If You submit an Ad for sale of an item in the course of trade or business You accept this clause 10.
11.1 As a convenience to Our users, We may provide links to third-party web sites. Linked sites are not under Our control. We make no representations as to the quality, suitability, functionality or legality of any linked sites. We accept no responsibility for these sites or for any loss or damage arising from Your use of them.
12 Viruses, Hacking and Other Offences
12.1 You must not misuse Classifieds by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Classifieds, the server on which Classifieds is stored or any server, computer or database connected to Classifieds. You must not attack Classifieds via a denial-of-service attack or a distributed denial-of-service attack.
13.1 No delay or failure of Us to insist upon or enforce performance of any provision of the Terms or to exercise any right under the Terms will be deemed to be a waiver or in any way prejudice Our rights under these Terms.
14.1 You are not entitled to assign, sub-contract or otherwise dispose of any of Your rights or obligations under these Terms without Our prior written consent.
14.2 We may at any time and without seeking Your consent assign or sub-contract Our rights and obligations under these Terms to a third party (the "Transferee"). On condition that the Transferee undertakes for Your benefit to perform with effect from the date of assignment all of Our obligations under these Terms, You shall accept such performance and shall release Us from any and all obligations and liability under these Terms arising on or after the date of assignment.
15 Changes to these Terms
15.1 We may revise these Terms at any time by amending this page. Some of the provisions contained in these Terms may be varied by provisions or notices published elsewhere on the Site or Classifieds. We will give You as much notice as We reasonably can of any such change. You are expected to check this page from time to time to take notice of any changes, as they are binding on You.
16 Changes to Classifieds
16.1 If We revise or amend Classifieds and/or the services provided through Classifieds We will give You as much notice as We reasonably can by sending an email to Your registered email address and/or posting a notice on Classifieds. However, in some circumstances for operational or legal reasons We may need to revise or amend Classifieds and/or the services provided through Classifieds without notifying You or We may consider that a revision or amendment will not have a material effect on You. In those situations we will notify You as soon as reasonably practicable after We have made such revision or amendment.
17 Contact Us
17.1 If You have any questions about these Terms please contact Us using the following details - firstname.lastname@example.org
These terms govern the use of Bennetts Bike Social via both the Bennetts Website (www.bennetts.co.uk) and the Bike Social mobile App. References to ‘Website’ shall be construed to both accordingly.
1.1. In the Bike Social Terms “Content” includes all text, images, photos, video, audio and other material posted to Bike Social by You.
2. Setting up Your profile
2.1. Before You are able to post Content to Bike Social and communicate with other Users via Bike Social, You need to register and create Your profile (Profile).
2.2. You are only permitted to create a Profile and use Bike Social if You are resident in the UK and at least 16 years old. By using Bike Social, You confirm that You are resident in the UK and at least 16 years old.
2.4. When You register You must provide Your real name (not a pseudonym) and You must provide Us with genuine valid contact details.
2.5. In order to complete Your registration You will need to verify your account by clicking on a link in an e-mail We will send to You. You are responsible for maintaining the confidentiality of Your username and password and You are responsible for all uses of Your username and password, whether or not authorised by You. If You think that somebody else knows Your username and password You can change your password by logging into your Account and changing it.
2.6. Once you have registered, Your username and password will automatically allow You to sign in to other areas of the Bennetts website (Single Sign On). Before You use other areas of the website You must read and agree to the Terms & Conditions relevant to that section of the website.
2.7. We reserve the right at any time to terminate or block Your account, terminate or restrict Your access to Bike Social and/or restrict Your Single Sign On however We will only generally do so where We believe that You, or someone using Your username and password, have breached the Terms. We are under no obligation to reactivate Your account once it has been blocked. If Your account or access to Bike Social is terminated (whether by you or by Us) these Terms will remain in effect; and We are entitled to delete or block the Content You posted within Bike Social.
2.8. You must inform Us immediately of any changes to the information that You provided when registering by updating Your personal details within Your Profile.
2.9. We reserve the right to terminate an account for Bike Social where that account has been inactive for a period in excess of three months, at which point We will have the right to delete all information relating to that account and all Content posted by the owner of that account (although We are not required to do so).
3. Content posted by You
3.1. You alone are responsible for the content, accuracy and suitability of any Content posted by You in Bike Social, and for the consequences of posting Content. We will not be responsible for or liable to You or any third party for any Content posted by You or any other Users.
3.2. You must ensure that the Content posted or shared by You in Bike Social does not violate Our Code of Conduct. When You post Content in Bike Social we may require you to provide a confirmation that the Content does not violate Our Code of Conduct.
3.3. You are only permitted to post Content in Bike Social that You have created or which You have permission to post. You confirm to Us that You own the Content posted by You or otherwise You have all necessary rights (including, but not limited to, copyright, trade marks and other intellectual property rights) and consents to publish the Content and to allow Us and other Users to use the Content in the manner set out in these Terms.
3.4. You agree to make your Content available to Us and other Users and Visitors in the manner envisaged by these Terms without payment or other compensation to You. We do not claim any ownership of Your Content. You will retain full ownership of all Content posted by You in Bike Social.
3.5. You are responsible for making back-up copies of Content that You post to Bike Social. We are not liable to You or any third party for any loss of or corruption or damage to Content.
3.6. Where permitted under applicable laws, We have the right to disclose Your identity and contact details to any third party who is claiming that any Content posted by You constitutes a violation of their intellectual property rights or of their right to privacy or who has otherwise been harmed by Your failure to comply with these Terms. You will provide us with all relevant information relating to that claim without delay.
4. Our rights to use Content posted by You
4.1. By submitting Content in Bike Social, You give Us a royalty-free, worldwide, non-exclusive right and licence for the full duration of Your legal rights arising in the Content to:
4.1.1. make copies of and use the Content to facilitate the hosting and availability of the Content for other Users and Visitors to Bike Social, to manage Your Profile and generally to operate the Site in the manner envisaged by these Terms;
4.1.2. make copies of and use the Content in image galleries on the Site;
4.1.3. move or copy Content to the homepage or other pages of the Site, highlight Content and/or enable Users to comment or rate Content;
4.1.4. copy, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise use on the Site and in any other marketing, promotion or publicity media on or off line (including, but not limited to, trade and other press) images, videos, comments, shares, ratings and articles forming part of the Content and/or to incorporate the Content into any other works in any form, media or technology now known or later developed; and
4.1.5. use, modify, delete from or add to Content for any purpose in connection with Bike Social or otherwise as envisaged by these Terms.
5. The rights of other Users to use Content posted by You
5.1. By submitting Content to Bike Social, You give to all other Users a non-exclusive, royalty-free, worldwide licence for the full duration of Your legal rights to use, copy, reproduce, distribute, prepare derivative works of and display Content for any purpose in connection with Bike Social.
6. Content that is highlighted by Us on the Site, star ratings, likes and dislikes and comments
6.1. From time to time, We may highlight Content by, for example, profiling Content on the home page of the Site. When doing so, it is not feasible for Us to check or approve every aspect of that Content.
6.2. On Bike Social, Users may have the facility to apply star ratings to Content and indicate using icons made available in Bike Social whether they like or dislike Content. These are preferences applied by Users and are not applied by Us. We will never check or approve Content before allowing Users to apply star ratings or likes and dislikes.
6.3. Accordingly, We will not take any additional responsibility for Content that is highlighted by Us or that is tagged by Users using star ratings or likes and dislikes. It remains Your responsibility to ensure that the Content You have posted complies with the Terms. We will have no liability in that regard.
6.4. We also have no liability for any opinions expressed by Users on other Users' Content, whether via star ratings, likes, dislikes, comments or otherwise and We are not required to remove any star ratings, likes, dislikes, comments or other opinions on Your Content with which You do not agree.
6.5. The highlighting of any Content by Us and the application of star ratings, likes or dislikes, comments by Users shall not imply any endorsement of that Content by Us or any association with Us or any of Our group companies.
7. Code of Conduct
7.1. You are responsible for Your activities in Bike Social and for any Content that You post in Bike Social. In return for being allowed to use Bike Social, You agree to comply with this code of conduct (Code of Conduct) which governs the way in which You may use Bike Social and interact with other Users and post Content to Bike Social.
7.2. In particular You agree that:
7.2.1. You must not post Content that in Our opinion:
- promotes the excessive consumption of alcohol or the consumption of any alcohol or drugs whilst driving;
- promotes reckless or dangerous driving or the infringement of any road traffic or other laws;
- promotes fraudulent, inaccurate or misleading insurance claims;
- promotes the consumption of any illegal drugs or other substances;
- promotes gambling;
- is obscene, pornographic or sexually explicit;
- depicts graphic or gratuitous violence;
- makes threats of any kind or that intimidates, harasses, or bullies anyone;
- promotes, facilitates or organises any civil disturbance or riot;
- is derogatory, demeaning, malicious, defamatory, abusive, offensive, hateful or otherwise objectionable;
- is unlawful, infringing, deceptive, fraudulent, invasive of privacy or publicity rights;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality or any computer software or hardware or telecommunications equipment;
- encourages conduct that would violate or violates any law or advocates illegal activity;
- harms anyone, including minors;
- advertises or solicits business for any of Our competitors;
- contains restricted or password only access pages or hidden pages or images;
- promotes propaganda and/or symbols of organisations that are unconstitutional or illegal in the UK or any country in which this Site may be accessed; or
- provides a link to any of the above.
7.2.2. When using Bike Social or any facilities available through Bike Social, you must not:
- solicit personal information from anyone under 18;
- post any Content relating to another person without that person's consent;
- post any Content where the subject matter of the Content includes any individuals under the age of 18 or other vulnerable individual without obtaining the consent of the applicable parent or guardian;
- harvest or collect email addresses or other contact information from other users or visitors for the purposes of sending unsolicited emails or other unsolicited communications;
- send or make available any unsolicited or unauthorised advertising, promotional materials, "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
- use this Site in any unlawful manner or in any way that could damage, disable, overburden or impair this Site;
- use automated scripts to collect information from or otherwise interact with this Site;
- use or attempt to use another person's details, impersonate any person or entity, create a false identity on this Site or misrepresent yourself in any way;
- sell or otherwise transfer your registration to Bike Social;
- abuse, threaten, intimidate or harass anybody or engage in any predatory or stalking conduct;
- use this Site for any illegal or unauthorised purpose; or
- circumvent or modify, or attempt to circumvent or modify, any security technology or software that is part of this Site.
7.3. The posting of Prohibited Content and the doing of any of the Prohibited Activities described in the Code of Conduct will be a material breach of these Terms. We reserve the right to delete from this Site any Content that violates these Terms. We may also terminate or block Your account and/or terminate or restrict Your access to Bike Social and this Site if We believe that You, or someone using Your profile has posted Prohibited Content or has carried out any of the Prohibited Activities. We are under no obligation to reactivate Your account or Your access to Bike Social or the Site once it has been blocked.
7.4. You will reimburse us and Our group companies for any losses, expenses or liabilities We and they incur as a result of You failing to comply with the Code of Conduct.
8. Moderation or Monitoring
8.1. We do not monitor or moderate all the Content on this Site. It is Your responsibility to ensure that Your Content complies with the Terms. We may from time to time monitor or moderate any Content on this Site as a result of receiving an abuse notification under section 9 or otherwise if we have reason to believe any Content does not comply with these Terms, or in accordance with our rights under section 4.
8.2. If you wish to communicate with Bennetts you should contact us at email@example.com. If you hold other products or services with Bennetts you should use the contact details advertised for those products. Nothing posted on this Site shall constitute notice to us of any fact, request or complaint regarding any Bennetts products or services.
9. Abuse Notifications
9.1. If You believe that any Content on this Site infringes any intellectual property or privacy rights of Yours or any third party, or is otherwise contrary to the Code of Conduct, You may notify us by emailing Bennetts on firstname.lastname@example.org . When doing so You must provide the following information :
- identify, in sufficient detail, the Unlawful Content so that We can locate the Unlawful Content on the Site;
- state why You believe the content to be Unlawful Content and, in the case of content that is alleged to infringe intellectual property or privacy rights, You must state the owner of that intellectual property or the name of the individual concerned;
- include a statement from You that you have a good faith belief that the Content is Unlawful Content and that the information You have provided in Your notification is true, accurate and complete in all respects and;
- provide Us with any assistance We may reasonably require in order to investigate Your notification (We will not cover any costs or expenses incurred by You when doing so).
9.2. If you become aware of any Content that We have highlighted on the Site or that We have otherwise used or repurposed under the rights granted in the Terms does not comply with the Code of Conduct or the Terms, you will immediately notify Us in the manner described above.
9.3. You will reimburse Us for any costs, claims, expenses, losses or other liabilities We may incur as a result of You misrepresenting content as Unlawful Content.
9.4. We reserve the right to remove or disable access to any Content that We believe may be Unlawful Content. We reserve the right to block the access to this Site of any person found to have posted Content that We believe to be Unlawful Content.
11. Your safety when using Bike Social
11.1.We recommend that You take reasonable care over your personal information and safety when using Bike Social. When You create your Profile, share Your personal information with others via Bike Social or arrange to meet any individuals or participate in any activities referred to by Users in Bike Social, We recommend that You take care to ensure Your own safety and the safety of others. We will not review any activities facilitated via Bike Social for safety or suitability.
12. Our Intellectual Property
12.1.Except for Content that is posted by Users in Bike Social and except for other Content that We post on this Site and credit as being owned by a third party, all the Content on this Site and all intellectual property rights (including copyright, trademarks and database rights) arising in that Content and this Site generally are owned by Us or our licensors. All such rights are reserved. © Bennetts Biking Services Limited 2012.
12.2.You are granted a limited licence to access and use Bike Social and our content in Bike Social for your personal use as envisaged by these Terms, provided that you keep all copyright and other proprietary notices intact. You are not permitted to use any part of Bike Social for commercial purposes.
12.3.Our content of Bike Social may not be copied, distributed, modified, adapted, translated, reproduced in whole or in part without Our prior written permission, except that You are permitted to reproduce and display Our content in Bike Social (excluding any software code) solely for your personal use in connection with viewing Bike Social and as a genuine user of Bike Social.
12.4."Bennetts", "BikeSocial" and other marks used on this Site are Our trade marks or those of Our licensors and may not be used without Our prior written permission.
12.5.You may not use any meta tags or any other hidden text using Our names or trade marks without Our prior written permission.
13. Linking to this Site and framing of this Site
13.1.You may link to any page on this Site, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must always make it clear that the content You are linking to came from this Site.
13.2.You must not establish a link from any website that is not owned by You. Our site must not be framed on any other site.
13.3.We reserve the right to withdraw linking permission without notice. The website from which You are linking must comply in all respects with the standards reflected in the Code of Conduct.
14. Links from this Site
This Site may also contain links to websites operated by third parties. The operation and content of those websites shall be determined by the organisation which controls the website and this will be governed by separate terms and conditions. Links are provided for convenience only and inclusion of any links should not be taken to imply endorsement in any way of the site to which it links. We accept no responsibility or liability for the contents of any other website.
15. Viruses, hacking and other offences
15.1.You must not misuse this Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Site, the servers on which this Site is hosted or any server, computer or database connected to this Site. You must not attack this Site via a denial-of-service attack or a distributed denial-of-service attack.
15.2.We will not be liable for any loss or damage caused by a denial-of-service attack, distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Site or to Your downloading of any material posted on it, or on any website linked to it.
16. Legal disclaimer
16.1.Content, commentary, contributions and any other materials posted in Bike Social are not intended to amount to advice on which reliance should be placed. These are the personal opinions of the individuals who post such materials and are not Our views or the views of any of Our group companies.
16.2.Therefore, we recommend that You do not rely on those materials and We disclaim all liability and responsibility arising from any reliance placed on those materials by You or any User or Visitor or any third party or by anyone who may be informed of any that material. We do not verify the accuracy or completeness of any Content, commentary, contributions or any other materials posted on this Site.
16.3.You understand and agree that any material, software and/or data downloaded or otherwise obtained through the use of Bike Social is at your own discretion and risk and that You will be solely responsible for any damage to Your own computer system or loss of data that results from the download of such material, software and/or data. We are not responsible for any damage caused by the downloading of any material, software and/or data from Bike Social.
16.4.Mention of third party products, services, companies and websites in Bike Social is for information purposes only and constitutes neither an endorsement nor a recommendation.
17. Disclaimer of Warranties
17.1.You expressly agree that use of Bike Social is at your sole risk.
17.2.We provide no assurances that the Content in Bike Social is capable of being used by You in the manner envisaged by the Terms. We also provide no assurances that the use by You of the Content will not infringe third party rights, such as copyright or rights to privacy.
17.3.We make no warranty that Bike Social will be uninterrupted, secure or error free. We will not be liable if for any reason Bike Social is unavailable at any time or for any period. From time to time we may suspend or restrict access to Bike Social in order to carry out repairs, maintenance or to introduce new facilities.
18. Limitation of Liability
18.1.While We have taken care in preparing the contents of Bike Social, We shall not be liable for any loss or damage arising out of or in connection with Your use of Bike Social including, without limitation, indirect, or consequential loss or damage, loss of anticipated revenues, loss of profit, loss of business opportunities, loss of goodwill, loss or corruption of data or damage to reputation resulting from: (a) Your use or Your inability to use Bike Social or (b) any Content or other content found in Bike Social or (c) any reliance place on any information found in Bike Social or (d) unauthorised access to or alteration of your transmissions or data.
19.1.You agree to indemnify Us and keep Us indemnified from and against all costs, claims, expenses (including reasonable legal and professional fees and expenses), losses, damages and other liabilities suffered or incurred by Us and arising out of or in connection with your use of Bike Social, or any breach of these Terms by you, or the infringement by you, or any other user of your account registration for Bike Social, of any intellectual property or other right of any person or entity except to the extent that any such costs, expenses, losses, damages or other liabilities were caused or contributed to by any negligence or breach of these Terms by Us.
20.1.No delay or failure by Us to insist upon or enforce performance of any provision of the Terms or to exercise any right under the Terms will be deemed to be a waiver or in any way prejudice Our rights under these Terms.
21.1.If any provision in these Terms is declared void or unenforceable by any court or other body of competent jurisdiction, or is otherwise rendered so by any applicable law, such provision shall to the extent of such invalidity or unenforceability be deemed severable and all other provisions of these Terms not affected by such invalidity or unenforceability shall remain in full force and effect.
22. Jurisdiction and Governing Law
22.1.These Terms and all claims arising out of or in connection with these Terms and Bike Social shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these Terms or out of or in connection with Bike Social shall be subject to the exclusive jurisdiction of the courts of England and Wales.
23. Our Group of companies
23.1.The Saga Group of companies includes:
Saga Group Limited. A company registered in England and Wales with registration number 2593690. Registered office: Enbrook Park, Sandgate, Folkestone, Kent CT20 3SE.
Bennetts Biking Services Limited. A company registered in England with registration number 9028554. Registered office is at Enbrook Park, Sandgate, Folkestone, Kent CT20 3SE.